© Norwegian Patent Office TRADEMARKS CONTAINING A NATIONAL FLAG - ARTICLE 6TER OF THE PARIS...

© Norwegian Patent Office

TRADEMARKS CONTAINING A NATIONAL FLAG

- ARTICLE 6TER OF THE PARIS CONVENTION

Alicante, 2007

Mr. Knut Andreas Bostad Head of section, Design and Trademark Department

The Norwegian Patent Office

kab@Patentstyret.no

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Legal framework

A trademark, which consists of a national flag, or contains a national flag, cannot be registered, according to Art 3, 1. h. of the Directive.

The following shall not be registered or if registered shall be liable to be declared invalid:

Trade marks which have not been authorized by the competent authorities and are to be refused or invalidated pursuant to Article 6ter of the Paris Convention for the Protection of Industrial Property, hereinafter referred to as the 'Paris Convention'.

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PARIS CONVENTION ART. 6TER (a)

  The countries of the Union agree to refuse or to

invalidate the registration, and to prohibit by appropriate measures the use, without authorization by the competent authorities, either as trademarks or as elements of trademarks, of armorial bearings, flags, and other State emblems, of the countries of the Union, official signs and hallmarks indicating control and warranty adopted by them, and any imitation from a heraldic point of view.

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When is a flag a ground for refusal?

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•Trade mark no 003959657

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•Int.reg.no: 841945

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•Thank you for your attention